Effective Date: June 1st, 2023
This document constitutes the legal agreement ("Terms of Service") between you, hereafter referred to as "User," and No Six Five Ltd., a Bulgarian company with a business identification number of BG202997704 and registered office located at Totleben 28 boulevard, floor 3, Sofia, Bulgaria, hereafter referred to as "No Six Five," "us," or "we," governing the User's use of No Six Five's games, store, sites, and related services, hereafter referred to as the "Game." It is important to note that the use of the Game is also governed by No Six Five's Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Game, including browsing any No Six Five website or accessing a game, the User must agree to these Terms of Service and the Privacy Policy. An automatically created internal account ID may be generated for the User for the use of the Game, and the User may also be required to register an account on the Game, hereafter referred to as the "Game Profile." By using or registering a Game Profile or otherwise using the Game, the User affirms that they are of legal age of majority in their country of residence. If the User is not of legal age, their legal guardian must review and agree to these Terms of Service.
BY INSTALLING, USING, OR OTHERWISE ACCESSING THE GAME, THE USER AGREES TO THESE TERMS OF SERVICE. IF THE USER DOES NOT AGREE TO THESE TERMS OF SERVICE, THEY MUST NOT INSTALL, USE, OR OTHERWISE ACCESS THE GAME. THE USE OF THE GAME IS VOID WHERE PROHIBITED.
IMPORTANT NOTICE: For U.S. and Canadian residents, the User also agrees that disputes with No Six Five must be resolved on an individual basis through final and binding arbitration as described in "Dispute Resolution".
No Six Five reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Service, its Privacy Policy, and other relevant No Six Five policies at any time by posting the amended terms on the Game. The User will be deemed to have accepted such changes by continuing to use the Game. If, at any point, the User does not agree to any portion of the then-current version of our Terms of Service, the No Six Five Privacy Policy, or any other No Six Five policy, rules, or codes of conduct relating to the User's use of the Game, their right to use the Game shall immediately terminate, and they must immediately stop using the Game.
By accessing and utilizing the Game
You agree to be bound by these Terms of Service, as well as other relevant policies set forth by No Six Five. In accordance with these terms, you are granted a limited, non-transferable, non-sublicensable, revocable, and non-exclusive right to access and use the Game for your own personal, non-commercial entertainment purposes. You are expressly prohibited from utilizing the Game for any other purposes.
The following usage restrictions apply to the Game:
Login Information and Your Game Profile
You are expressly prohibited from sharing your Profile or Login Information, or allowing anyone else to access your Profile, or engaging in any activity that could compromise the security of your Profile. If you become aware of any security breaches, including loss, theft, or unauthorized disclosure of your Login Information, you must immediately inform No Six Five and modify your Login Information. You are solely responsible for safeguarding the confidentiality of your Login Information, and you will be accountable for all use of your Login Information, including any purchases, regardless of whether or not you authorized them. You are responsible for all activities that occur under your Profile. No Six Five reserves the right to revoke or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username infringes on their rights. The Game supports only one Profile per game on a supported device.
Usage Restrictions and Prohibitions
These Usage Restrictions and Prohibitions are an integral part of the Terms of Service governing the use of No Six Five's Game, and any act in violation of these restrictions is strictly forbidden. Any such violation may result in the immediate revocation of your limited right to use the Game and could subject you to liability for violation of law.
By agreeing to these Terms of Service, you acknowledge and agree not to engage in any of the following activities:
PURSUANT TO THESE TERMS OF SERVICE, NO SIX FIVE MAY UTILIZE VARIOUS MEANS TO ADDRESS ANY BREACH OF THESE TERMS OF SERVICE OR ANY SUSPECTED ILLEGAL AND IMPROPER USE OF THE GAME. WITHOUT LIMITING ANY OTHER REMEDIES, NO SIX FIVE SHALL HAVE THE AUTHORITY TO TAKE ACTION INCLUDING, BUT NOT LIMITED TO, LIMITING, SUSPENDING, TERMINATING, MODIFYING, OR DELETING ACCOUNTS OR ACCESS TO THE GAME OR PORTIONS THEREOF, WITH OR WITHOUT NOTICE TO THE USER. SUCH ACTION MAY BE TAKEN (1) IF THE USER IS, OR NO SIX FIVE SUSPECTS THAT THE USER IS, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (2) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE GAME.
IT IS IMPORTANT TO NOTE THAT GAME PROFILE TERMINATION OR LIMITATION MAY RESULT IN THE LOSS OF THE USER'S USERNAME, AND VIRTUAL PERSONA, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS, AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH THEIR USE OF THE GAME. FURTHERMORE, NO SIX FIVE IS UNDER NO OBLIGATION TO COMPENSATE THE USER FOR ANY SUCH LOSSES OR END RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, NO SIX FIVE RESERVES THE RIGHT TO LIMIT, SUSPEND, OR TERMINATE THE GAME AND GAME PROFILES, OR PORTIONS THEREOF, AS WELL AS PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES, AND TOOLS. WE MAY DELAY OR REMOVE HOSTED CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE GAME. THIS MAY BE DONE IF WE BELIEVE THAT THE USER IS CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS AND POLICIES.
FURTHERMORE, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, WE MAY SUSPEND OR TERMINATE GAME PROFILES OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
IN ADDITION TO THE ABOVE, NO SIX FIVE RESERVES THE RIGHT TO TERMINATE ANY GAME PROFILE THAT HAS BEEN INACTIVE FOR 365 DAYS WITHOUT ANY LIABILITY OR OBLIGATION TO THE USER.
No Six Five reserves the right, at its sole discretion, to discontinue offering and/or supporting the Game or any part of the Game at any time and for any reason. In the event of such discontinuation, your right to use the Game or any part thereof will be automatically terminated. No Six Five shall not be held responsible for providing refunds, benefits, or any other form of compensation to users in connection with such discontinuation.
No Six Five retains the right to take any measures it deems necessary to prevent access to the Game, including but not limited to IP blocking, Game Profile suspension or termination, and other related measures.
You, as the User, may terminate your Game Profile at any time and for any reason. Upon termination, all access and use of the Game, including any content you or others have submitted, will be terminated. No Six Five shall not be liable for any damages or losses resulting from the termination of your Game Profile, including but not limited to any loss of data, content, or virtual items.
Ownership of the Game and its services
No Six Five is the sole proprietor of all rights, title, and interest in and to the Game, including but not limited to titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a No Six Five game client, and the No Six Five game clients and server software. As the proprietor, No Six Five reserves all rights, including but not limited to intellectual property rights or other proprietary rights, in connection with its games.
Ownership of Game Profiles
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN, IT IS HEREBY ACKNOWLEDGED AND AGREED BY YOU THAT YOU SHALL NOT HAVE ANY OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME PROFILE. FURTHERMORE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL RIGHTS, TITLE, AND INTEREST IN AND TO THE PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NO SIX FIVE.
BY AGREEING TO THIS PROVISION, YOU HEREBY WAIVE ANY CLAIMS OR RIGHTS TO OWNERSHIP OR PROPERTY INTEREST IN THE GAME PROFILE, INCLUDING BUT NOT LIMITED TO ANY CLAIMS ARISING FROM THE OPERATION, USE, OR MANAGEMENT OF THE GAME PROFILE. ANY AND ALL BENEFITS DERIVED FROM THE GAME PROFILE SHALL ACCRUE SOLELY TO THE BENEFIT OF NO SIX FIVE AND SHALL NOT BE CONSTRUED AS CONFERRED TO YOU IN ANY WAY.
YOU FURTHERMORE AGREE TO INDEMNIFY AND HOLD HARMLESS NO SIX FIVE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND COSTS, ARISING FROM OR RELATING TO YOUR USE OF THE GAME PROFILE OR ANY BREACH OF THIS PROVISION.
Ownership of Digital Content
No Six Five is the owner or licensor of all content that appears in the Game or in other No Six Five IPs. As such, you have no right or title in or to any content that appears in the Game, including without limitation the virtual items, content, features, goods, services or currency appearing or originating in any No Six Five game, whether earned in a game or purchased from No Six Five, or any other attributes associated with a Game Profile or stored on the Game. You agree to abide by the terms and conditions of this agreement and acknowledge that No Six Five reserves all rights and ownership of the digital content.
Submission of User Content and Content Monitoring
"User Content" is defined as any materials, data, information, communications, images, and sounds transmitted or uploaded by users through the No Six Five game client or the Game, including chat text. As a User playing the Game, you represent and warrant that any submission or transmission of User Content is accurate, non-confidential, non-misleading, and compliant with all applicable laws, contractual restrictions, and third-party rights. Additionally, you must obtain all necessary permissions from any third party whose personal information or intellectual property is contained within the User Content. Furthermore, your submission or transmission of User Content must be free from any malicious code, such as viruses, adware, spyware, or worms.
You acknowledge and agree that any personal information contained within the User Content will be processed by No Six Five in accordance with its Privacy Policy. No Six Five assumes no responsibility for the conduct of any User who submits User Content and does not monitor the Game for inappropriate content or conduct. While we may monitor and/or record your interactions with the Game, including chat text, you have no expectation of privacy concerning the transmission of any User Content.
By using the Game, you assume all risks associated with the use of any User Content available in connection with the Game. No Six Five reserves the right, at its sole discretion and without notice, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content, including your User Content, for any reason or for no reason at any time. Although we may choose to monitor the Game, we assume no obligation to modify or remove any inappropriate User Content.
We have the right, but not the obligation, in our sole discretion, to edit, refuse to post, or remove any User Content. It is important to note that any submission or transmission of User Content does not establish a confidential or fiduciary relationship between you and No Six Five.
Use of Information by Other Members of the Game
Public Discourse As Part of the Game
No Six Five provides various platforms, including blogs and chat features, that allow you to share your observations and comments on designated topics by posting User Content. It is important to note that No Six Five cannot guarantee that other members of the Game will not use the ideas and information you share. Therefore, if you have confidential information or an idea that you do not want others to use, we advise you not to post it on the Game. It is essential to acknowledge that No Six Five holds no responsibility to evaluate, use, or compensate you for any ideas or information you may submit.
You Are Accountable for Your Own Content
You are solely responsible for the information you post on, through, or in connection with the Game and that you provide to others. No Six Five reserves the right to reject, refuse to post, or delete any User Content for any reason, including User Content that in the sole judgment of No Six Five, violates these Terms of Service.
The License You Grant to No Six Five
By uploading any User Content to the Game, you hereby grant to No Six Five an irrevocable, perpetual, fully-paid, royalty-free, transferable, and worldwide license, with the right to sublicense and assign to third parties, to copy, reproduce, adapt, modify, create derivative works, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide electronic access, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use in any other way, your User Content, and all modified and derivative works, relating to the Game, including the marketing and promotion of the Game. You also grant No Six Five the right to permit others to exercise any of the rights granted to No Six Five under these Terms of Service. Furthermore, you grant No Six Five the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material included in any User Content, as well as in connection with any User Content, without any obligation to you. Regardless of whether your User Content is altered or changed in any way, you hereby waive any rights of attribution and/or moral rights that you may have in your User Content, except as prohibited by law. No Six Five makes no claim of ownership over your User Content, and nothing contained in these Terms of Service shall be construed as limiting any rights that you may have to use and exploit your User Content. No Six Five is not obligated to monitor or enforce your intellectual property rights in your User Content.
User Interactions
Your interactions with other users of the Game, along with any other parties with whom you may engage through No Six Five games is your sole responsibility. No Six Five reserves the right, albeit not the obligation, to participate in any disagreements that may arise from such interactions. In the event of suspected illegal, deceptive, or inappropriate behavior, you agree to collaborate fully with No Six Five in probing the matter, which may include authorizing No Six Five access to password-protected segments of your Game Profile.
Should any disagreements arise between you and one or more users of the Game, you hereby release No Six Five, its officers, directors, agents, subsidiaries, joint ventures, and employees from any and all claims, demands, and damages (both direct and indirect) of any kind and nature, whether known or unknown, arising from or in any way linked to such disagreements.
Purchases
When using the Game, it is possible to acquire Virtual Items using actual currency. These Virtual Items include but are not limited to, virtual gold or gems for use in No Six Five games, virtual in-game items, content, or features, as well as other goods or services. Please note, that the aforementioned items are collectively referred to as "Virtual Items," and may only be obtained through the Game. Any other method of obtaining Virtual Items is strictly prohibited.
By agreeing to these terms, you explicitly acknowledge that No Six Five will begin to provide the purchased Virtual Items or any other digital content before the expiration of any mandatory withdrawal period outlined in applicable laws. You provide your explicit, prior consent to the delivery of the content you have purchased before the withdrawal period's expiration, thereby relinquishing your statutory right of withdrawal.
No Six Five reserves the right to manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. To the maximum extent permitted by applicable law, No Six Five shall not be liable to you or any third party in the event that No Six Five exercises any of these rights. The transfer of Virtual Items is strictly prohibited unless otherwise expressly authorized by the Game. You may not sell, purchase, redeem, or transfer Virtual Items to any person or entity without explicit authorization, including, but not limited to, No Six Five, another user, or any third party.
ALL VIRTUAL ITEM PURCHASES AND REDEMPTIONS MADE THROUGH THE GAME ARE FINAL AND NON-REFUNDABLE UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW. Please refer to our Parents Guide for more information on purchases made by minors. The provision of Virtual Items for use in No Six Five games is a service provided by No Six Five that commences immediately upon acceptance by No Six Five of your purchase.
Payment of Fees
As the Game Profile holder, you and any authorized user are responsible for settling all fees and taxes related to your Game Profile usage. No Six Five retains the right to modify the fees for the virtual items available through the Game at any given time. YOU ACKNOWLEDGE AND AGREE THAT NO SIX FIVE SHALL NOT BE OBLIGATED TO PROVIDE A REFUND TO YOU FOR ANY REASON WHATSOEVER. WHETHER YOUR GAME PROFILE IS CLOSED VOLUNTARILY OR INVOLUNTARILY, YOU SHALL NOT BE ENTITLED TO RECEIVE ANY MONETARY COMPENSATION OR OTHER FORMS OF REMUNERATION FOR UNUSED VIRTUAL ITEMS.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU FULLY UNDERSTAND THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE GAME AND ITS VIRTUAL ITEMS. FAILURE TO COMPLY WITH ANY OF THESE TERMS MAY RESULT IN THE CLOSURE OF YOUR ACCOUNT, WITHOUT ANY COMPENSATION.
MOREOVER, YOU AGREE THAT NO SIX FIVE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES ARISING FROM THE CLOSURE OF YOUR GAME PROFILE OR YOUR INABILITY TO ACCESS OR USE THE VIRTUAL ITEMS. YOU HEREBY WAIVE ANY CLAIMS AGAINST NO SIX FIVE ARISING FROM THE CLOSURE OF YOUR GAME PROFILE OR YOUR INABILITY TO ACCESS OR USE THE VIRTUAL ITEMS.
You understand that the Game is an evolving product. No Six Five may require that you accept updates to the Game and to No Six Five's games you have installed on your device. You acknowledge and agree that No Six Five may update the Game with or without notifying you.
You acknowledge that the Game is a fluid and dynamic product that is subject to constant development and updates. As a result, No Six Five may require that you give your express consent to any modifications or upgrades to the Game, as well as to any other games from No Six Five that you have installed on your device.
You further acknowledge and agree that No Six Five has the right to update the Game without providing prior notification to you. The update may incorporate new features, functions, or improvements to the game's user interface, graphics, gameplay, and/or content. In the same vein, No Six Five may terminate, modify, or temporarily suspend access to the Game, or any part thereof, at any time, with or without prior notification.
Your continued use of the Game shall indicate your acceptance of any such updates or modifications. Notwithstanding the foregoing, No Six Five shall not be liable to you or any third party for any loss, damage, or harm arising from any updates, modifications, or termination of access to the Game, whether or not No Six Five provided any prior notification.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN SEGMENT "LIMITATION OF LIABILITY" BELOW, NO SIX FIVE SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THE GAME, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ARE PROVIDED WITH RESPECT TO THE GAME.
FURTHERMORE, NO SIX FIVE MAKES NO REPRESENTATION OR WARRANTY THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT YOUR DESIRED TIMES OR LOCATIONS. NO SIX FIVE DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, BUG-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. IN ADDITION, NO SIX FIVE MAKES NO WARRANTY THAT THE GAME WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALICIOUS SOFTWARE.
IT IS POSSIBLE THAT SOME JURISDICTIONS MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, THUS SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO SIX FIVE HEREBY DISCLAIMS ANY LIABILITY TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTIONS, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE GAME ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NO SIX FIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT APPLICABLE LAW DOES NOT PROHIBIT IT, NO SIX FIVE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO NO SIX FIVE IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID ANYTHING TO NO SIX FIVE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THE NO SIX FIVE'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE IS TO STOP USING THE GAME AND TO DELETE YOUR GAME PROFILE.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT OF NO SIX FIVE, FOR DEATH, PERSONAL INJURY ARISING FROM ANY NEGLIGENCE, OR FRAUD OF NO SIX FIVE. YOU HEREBY ACKNOWLEDGE THAT THE AFOREMENTIONED DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND NO SIX FIVE.
By agreeing to these terms, you acknowledge and agree to the limitations of liability set forth herein and accept them as reasonable. If you do not agree to these limitations, you must immediately cease using the Game and delete your Game Profile.
Both parties, namely, you and No Six Five, hereby agree that the dispute resolution procedures detailed in this agreement shall be applicable to any dispute or claim that is related to these Terms of Service, the Privacy Policy, or the Game. Such disputes include any claims, regardless of their nature, including legal, equitable, or statutory claims. These dispute resolution processes will apply even if you discontinue the use of your Game Profile, delete your Game Profile, or stop using the Game. They will also apply to any disputes that occurred before the agreement was entered into.
Segments 1 to 6 shall be applicable to you only if you are a resident of either the United States or Canada. On the other hand, if you are a resident of any other country, these segments will not be applicable to you.
1. Informal Dispute Resolution
Prior to commencing arbitration, you are required to attempt to informally resolve any dispute with No Six Five for at least thirty (30) days. The informal dispute resolution process commences once you have provided written notice of the dispute to No Six Five via legal@nosixfive.com.
2. Arbitration
You and No Six Five have mutually agreed to resolve any and all disputes through final and binding arbitration in accordance with the following terms. This means that any dispute between the parties, with the exception of those listed below, shall be submitted exclusively for resolution through final and binding arbitration. If either party, that is you or No Six Five, initiates a claim in court that is subject to arbitration under this segment, either party may request the court to order the parties to resolve the dispute through arbitration.
The arbitrator designated to hear the matter shall have the exclusive authority to determine the validity, enforceability and applicability of Segment "Dispute Resolution" in relation to any claim. The arbitration proceeding shall be conducted before a neutral arbitrator, which means that the parties have waived their right to resolve the dispute in a trial before a judge or jury.
It is important to note that the arbitration process differs from formal lawsuits. For instance, the ability to compel the other party to share information may be more limited than in the discovery process of formal lawsuits. Once the arbitrator makes a decision, that decision shall be final. Either you or No Six Five can request that the arbitrator renders a decision or award in writing, along with the reasons for it.
In order to enforce the arbitrator's final decision or award, either party may request a court to confirm or enter the final decision or award, thereby making it equivalent to a court judgment. It is typically not possible for either party to alter the outcome of arbitration through the court, except under extremely limited circumstances.
3. Arbitration Process
The resolution of any disputes between you and No Six Five shall be subject to arbitration under the auspices of the American Arbitration Association ("AAA"). The rules and procedures of AAA, including the Consumer Arbitration Rules, shall apply to the arbitration process. In the event of any inconsistency or conflict between these Terms of Service and AAA's rules and procedures, these Terms of Service shall prevail.
To commence arbitration or to review the AAA Rules, kindly visit the AAA website. In the event that either party chooses to initiate arbitration proceedings, a written Demand for Arbitration shall be provided to the other party, as specified in the AAA Rules.
The fees associated with the arbitration shall be determined by AAA's Consumer Arbitration Rules. If the arbitrator determines that the fees are excessive, No Six Five shall be liable to pay the fees. Each party shall bear the costs and expenses of their own attorneys, unless the claim allows for the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them as per the applicable law.
The arbitration process shall take place in San Francisco, California, USA, or in the county or province of your residence. In the event that a party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall be liable to pay the costs and attorneys’ fees incurred by the opposing party in relation to the challenge.
4. Exceptions to Agreement to Arbitrate
You and No Six Five hereby acknowledge and agree that the arbitration agreement set forth in Segment 2 shall not be applicable to the following disputes:
- Claims concerning No Six Five's intellectual property, including but not limited to claims related to the enforcement, protection, or validity of No Six Five's copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.
- Claims arising from piracy or tortious interference.
- Claims that are not subject to arbitration as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.
- Claims filed in small claims court.
In the event that any dispute falls outside the scope of the aforementioned exceptions, such dispute shall be resolved by a court of competent jurisdiction in accordance with the provisions set forth in Segment "Venue for Disputes Not Subject to Arbitration".
5. No Class Actions
You and No Six Five hereby agree that any claims against each other shall be brought on an individual basis only. This means that:
- You are prohibited from bringing a claim against No Six Five as a plaintiff or a member of a class, collective, consolidated, or representative action.
- The arbitrator is not authorized to combine your claims with those of any other individual into a single case, or to preside over any class, collective, consolidated, or representative arbitration proceeding.
- The arbitrator's decision or award in your case shall be binding only upon you and shall not be used to resolve the disputes of others.
If Segment 5 "No Class Actions" is deemed to be unenforceable or invalid, then the entirety of "Dispute Resolution", including Segments 1 to 6, shall be deemed null and void.
6. Opt-Out of Arbitration Agreement and No Class Actions Provisions
You have the option to opt out of the Arbitration Agreement and No Class Action provisions set forth in Segments 1 to 5 by providing written notice of your decision to opt out to legal@nosixfive.com with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT. Such notice must be provided within thirty (30) days of your first use of the Game or availability of this opt-out, whichever is later. Failure to provide such notice within the aforementioned time period will result in your being bound by the terms of these paragraphs. If you opt out of these arbitration provisions, No Six Five shall also be relieved of any obligation to arbitrate disputes in accordance with the provisions set forth in these paragraphs.
In the event that you, the User, reside in the United States or Canada, you hereby acknowledge and agree that (a) the United States Federal Arbitration Act, including its procedural provisions, governs the interpretation and enforcement of the agreement to arbitrate and the absence of class action provisions contained in Segment "Dispute Resolution", and (b) any and all disputes arising out of or in connection with these Terms of Service, the Privacy Policy, or the use of the Game shall be governed exclusively by the laws of the State of California, USA, without regard to its principles of conflict of laws. Conversely, if you, the User, reside outside of the United States or Canada, you agree that any claim or dispute arising out of or related to these Terms of Service, the Privacy Policy, or the use of the Game shall be governed by the laws of Bulgaria, without regard to its principles of conflict of laws.
In the event that you, the User, reside in the United States or Canada and have a claim or dispute with No Six Five that is not subject to arbitration under Segment 8, you hereby agree that such claim or dispute shall be resolved exclusively by a federal or state court located in San Francisco, California. Furthermore, you and No Six Five expressly consent to personal jurisdiction in San Francisco, California, and agree to venue exclusively in said location for any such claims or disputes. On the other hand, if you, the User, reside outside of the United States or Canada, you hereby agree that any claim or dispute you may have against No Six Five must be resolved exclusively by a court located in Sofia, Bulgaria.
You and No Six Five hereby agree that if any provision of these Terms of Service or the No Six Five Privacy Policy is found to be illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall be rendered ineffective solely to the extent of such determination of invalidity or unenforceability, but without affecting the validity or enforceability of the remaining provisions in any other jurisdiction. The remaining provisions shall continue to be in full force and effect, and the parties shall attempt to negotiate and replace any invalid or unenforceable provisions with valid and enforceable provisions that achieve the original intent of the parties as much as possible.
Transfer of Rights
No Six Five hereby asserts and declares its exclusive entitlement to transfer or delegate, whether entirely or partially, these Terms of Service and/or the No Six Five Privacy Policy to any natural or juridical person, without necessitating your assent. Nonetheless, you are proscribed from assigning or delegating any rights or obligations arising from these Terms of Service or Privacy Policy without the antecedent written authorization from No Six Five. Any unpermitted assignment or delegation attempted by you shall be considered null and void.
Additional Policies
No Six Five retains the right to promulgate additional policies that oversee designated services, which include but are not limited to, online discussion forums, promotional contests, and customer reward programs. Your admission to and utilization of these services are contingent upon your observance of the provisions outlined in the aforesaid policies, in combination with the terms and stipulations in these Terms of Service.
Entire Agreement
These Terms of Service, along with all additional policies and any documents explicitly referenced herein (including the No Six Five Privacy Policy), embody the entire agreement between you and No Six Five. This agreement supersedes all prior understandings of the parties hereto regarding the subject matter hereof, whether electronic, oral or written, and whether established by custom, practice, policy, or precedent between you and us with respect to the Game.
No Waiver
No Six Five recognizes and acknowledges that it may, at times, fail to require or enforce your strict performance of any provision outlined in these Terms of Service or the No Six Five Privacy Policy. Such failure or inaction shall not be construed as a waiver or abandonment of No Six Five's right to assert or rely upon any such provision or right in any present or future instance.
It is important to note that No Six Five's express waiver of any provision, condition, or requirement of these Terms of Service or the No Six Five Privacy Policy shall not be considered a waiver of any future obligation to comply with such provision, condition, or requirement.
Please be advised that unless otherwise stated explicitly and specifically in these Terms of Service, No Six Five's representations, statements, consents, waivers, or other acts or omissions shall not be considered a modification of these Terms of Service or legally binding unless documented in physical writing, hand-signed by you, and a duly appointed officer of No Six Five.
Notices
No Six Five may provide notice to you through postings on our games, on http://nosixfive.com, via e-mail, or any other communication means to contact information you provided to us. Any notices you give or are required to give to No Six Five under these Terms of Service or the No Six Five Privacy Policy must be in writing and addressed to: No Six Five Ltd., Totleben 28 boulevard, floor 3, Sofia, Bulgaria with a copy to legal@nosixfive.com.
Equitable Remedies
As a user of the Game, you acknowledge that the rights granted and obligations made under these Terms of Service are exclusive and irreplaceable. The value of these rights cannot be substituted by mere monetary compensation. Any loss or breach of these rights would cause irreparable harm to No Six Five. Therefore, No Six Five is entitled to seek injunctive or other equitable relief, without any obligation of posting bond or surety, or proof of damages, in the event of any breach or anticipatory breach by you.
In such a case, you irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any No Six Five game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service. Your claims will be limited to claims for monetary damages, in accordance with the regulations of Segment "Limitation of Liability" (if any).
It is imperative that you understand the gravity of these Terms of Service and the legal consequences of any breach or violation. Your use of the Game constitutes an express agreement to abide by these terms and conditions. Any unauthorized use of the Game or any No Six Five service will be viewed as a violation of these terms and will result in legal action. Therefore, it is in your best interest to comply with these terms and to refrain from any activity that may be deemed as a breach of the No Six Five Terms of Service.
Force Majeure
Force Majeure sets out the circumstances under which No Six Five shall not be held responsible for any delay or failure to perform its obligations under these Terms of Service. Specifically, No Six Five shall not be liable for any such delay or failure resulting from causes outside of its reasonable control, including but not limited to, unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
It is understood that the above list of circumstances is not exhaustive and that other similar events may also be included under the umbrella of force majeure. Such events shall be determined on a case-by-case basis, taking into account the nature and extent of the event and its impact on No Six Five's ability to perform its obligations under these Terms of Service.
In the event that No Six Five is unable to perform its obligations under these Terms of Service due to force majeure, No Six Five shall be excused from such performance for the duration of the event and for a reasonable period thereafter. No Six Five shall not be liable for any damages or losses arising from such delay or failure to perform, and the affected party shall have no right to terminate these Terms of Service or any related agreement solely on the grounds of such delay or failure to perform.
No Six Five shall make reasonable efforts to minimize the impact of any force majeure event and to resume performance of its obligations as soon as practicable. No Six Five shall provide notice to the affected party as soon as reasonably possible in the event of any force majeure event and shall keep the affected party informed of the duration and impact of the event on its ability to perform its obligations under these Terms of Service.
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